GRIDSERVE® Terms and Conditions
CHARGING TERMS AND CONDITIONS
- 1. Interpretation
- 2. Services
- 3. Customer responsibility
- 4. Payment and price
- 5. Service interruption
- 6. Intellectual property rights
- 7. Limitation of liability
- 8. Miscellaneous
These terms and conditions (these “Conditions”) contain the following words and expressions which shall have the following meanings:
Charging Bay: the car parking bay/area within the EV Charging Facility allocated for the Customer to make use of the Services.
Charging Fee: the fee displayed at the EV Charging Facility and incurred by the Customer for their use of the EV Charging Facility.
Customer: a customer who purchases Services from GRIDSERVE.
EV Charger: the equipment identified as part of the Services (owned by GRIDSERVE) which is used by the Customer to recharge electric vehicles with electricity.
EV Charging Facility: the EV Chargers and designated Charging Bays and use of them by the Customer to recharge their vehicle with electricity.
Force Majeure Event: an event beyond the control of GRIDSERVE making performance impracticable, illegal or impossible. This includes without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.
GRIDSERVE: means the GRIDSERVE group of companies and shall include the owner of the EV Charging Facility, The Electric Highway Company Ltd, and GRIDSERVE UK OMM Ltd, a company incorporated and registered in England and Wales with company number 11057010 whose registered office is at Thorney Weir House, Thorney Mill Lane, Iver, SL0 9AQ as agent for the owner of the EV Charging Facility accordingly.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Parties: GRIDSERVE and the Customer.
Reserved Payment: means the amount of Twenty
Pounds (£20.00) (or Twenty-Five Pounds (£25.00) GRIDSERVE’s high-power EV Charging Facilities at certain motorway service areas, including Moto Rugby).
Services: the services to be provided to the Customer by GRIDSERVE under these Conditions as set out in condition 2.
VAT: Value Added Tax
GRIDSERVE shall provide the following services to the Customer at a EV Charging Facility (the “Services”):
a) the use of the EV Charging Facility to recharge their vehicle with electricity; and
b) the use of the EV Chargers point of sale terminal to pay for their use of the EV Charging Facility by credit or debit card, RFID, or other means of accepted contactless payment methods including via smart devices.
3. Customer responsibility
The Customer shall be responsible for:
a) Comply with all instructions displayed at the EV Charging Facility and given by GRIDSERVE in relation to the use of the EV Chargers;
b) Comply with all parking restrictions that may be enforced by GRIDSERVE or nearby;
c) Use all materials, equipment, documents and other property of GRIDSERVE at the EV Charging Facility in a safe and responsible manner and not to dispose of or use any of GRIDSERVE’s property other than in accordance with GRIDSERVE’s written instructions or authorisation together with any instructions provided by the vehicle manufacturer;
d) remove the vehicle once fully charged and ensure that access to the Charging Bay and EV Charger is cleared to allow for other users to use the EV Charging Facility;
e) ensuring the Customer has adequate funds for payment for the Services prior to commencement of the Services; and
f) the Customer shall reimburse GRIDSERVE in respect of all costs, claims, demands, expenses and liabilities which they may suffer or incur out of or in connection with the failure by the Customer to comply with the instructions and safe operation of the EV Charging Facility.
4. Payment and price
4.1. In consideration for GRIDSERVE providing the Services, the Customer shall pay the Charging Fee to GRIDSERVE for using the EV Charging Facility.
4.2. The session cost will be displayed on the EV Charger and the payment for the session will need to be initiated, with the Reserved Payment pre-authorised at the EV Charger, prior to the charging session commencing.
4.3. The Customer can pay the Charging Fee by using their credit or debit card, RFID, or other means of accepted contactless payment methods, including via smart devices, via the EV Charger point of sale terminal.
4.4. The Charging Fee includes a fixed transaction fee to cover card processing and payment service fees incurred by GRIDSERVE.
4.5. Unless otherwise stated, the prices quoted by GRIDSERVE are inclusive of VAT.
4.6. The Charging Fee is displayed at each EV Charger.
4.7. The Charging Fee will be taken from the Reserved Payment held by GRIDSERVE. GRIDSERVE cannot guarantee the processing time of the Customer’s bank in dealing with the release of the balance from the Reserved Payment, but the balance of the unused Reserved Payment returned to the Customer’s bank account immediately after use of the Services and in any event within three (3) working days of completion of use of the Services.
4.8. The Customer acknowledges that pre-authorisation of the Reserved Payment is required in advance of using the Services.
4.9. If the Customer’s card is declined when submitting for payment, the Customer will not be permitted to use the Services using that method of contactless payment card or device.
5. Service interruption
5.1. The Charging Station may fail or require maintenance without notice. GRIDSERVE will use reasonable efforts to provide the Services to the Customer, however GRIDSERVE cannot guarantee the Services to be free from interruption and/or faults.
5.2. If, in the unlikely event, that there is an interruption to the Services, then please report this to a member of the on-site GRIDSERVE team as soon as possible to enable GRIDSERVE to make the necessary steps to repair/fix the interruption.
6. Intellectual property rights
6.1. All Intellectual Property Rights in or arising out of in connection with the Services shall be owned by GRIDSERVE.
6.2. All GRIDSERVE materials, equipment and documentation are the exclusive property of GRIDSERVE.
7. Limitation of liability
7.1. Nothing in these Conditions shall limit or exclude GRIDSERVE’s liability for:
a) death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation; or
c) any other liability which cannot be limited or excluded by applicable law.
7.2. GRIDSERVE shall not be responsible to the Customer for:
a) the cost of additional or substitute Services;
b) any failure to perform or delay of its obligations under the Conditions caused by a Force Majeure Event;
c) any loss or damage that is not foreseeable;
d) any loss or damage (including indirect and consequential) caused by the inability of the Customer to use the EV Charging Facility and/or the Service where not directly caused by GRIDSERVE;
e) any defects in the EV Charger and/or the Customer’s vehicle caused by failure to follow GRIDSERVE’s instructions in relation to the use of the Services and the connecting and/or disconnecting of the Customer’s vehicle to the EV Charger.
7.3. GRIDSERVE shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from GRIDSERVE’s failure or delay to perform any of its obligations as set out in this clause 7.
8.1. The Customer has the right to cancel the Services provided by GRIDSERVE at any time however the Charging Fee for the Services already used is non-refundable.
8.2. GRIDSERVE reserves the right to amend these Conditions at any time. Any amendments made to these Conditions will be effective once posted on the GRIDSERVE website.
8.3. GRIDSERVE shall maintain in force Public Liability Insurance with a limit of at least Five Million Pounds per claim.
8.4. These Conditions are deemed accepted when the Customer commences the Services on which date a contract will have come into existence.
8.5. These Conditions are governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction.